Q) I am a US citizen with a Korean spouse. We married in Seoul and then went to America where we have been since. I have been a NJ resident. Korean spouse abandoned me in 2018 and went to live with her friend in Maryland. Korean spouse states that she wants a divorce and insists she is entitled to all of my monies in Korea. My options are to file for divorce in New Jersey or Maryland. I also want to see what Korean court can do. Ideally I would want to get the F-6-1 visa in Korea as well as ensure my stake in the Korean property.
A) Here you have two main issues correlated with an international divorce: an international jurisdiction and a governing law.
If your wife has any registered address in Korea, the jurisdiction would not become an issue. However, as I understand she is residing in Maryland, it would be become an issue whether a Korean court could exercise a jurisdiction over two persons who are now living in Korea.
In this regard, the Private International Act(“PIA”) provides that the Korean court shall have the international jurisdiction when a party or a case in dispute is substantially related to South Korea. This means the residence Continue reading